In Marucci v. Cawley & Bergmann, plaintiff alleged that defendant’s collection letter violated the FDCPA because it did not disclose whether interest was accruing, the interest rate being applied or itemize the debt between principal and interest. Defendant moved to dismiss, contending that the letter accurately stated the amount of the debt, and that the FDCPA did not require stating if interest may be accruing. The court rejected the argument, and denied the motion, finding that debt collectors must disclose the accrual of interest to satisfy the obligation to state “the amount of the debt” under Section 1692g.
In Lucas v. NCO, plaintiff alleged defendant violated the TCPA by calling his residential line to collect a debt owed by an unrelated third party in violation of the TCPA. Defendant moved to dismiss, arguing that collection calls to residential lines are exempt from the TCPA. The court granted the motion, agreeing with the majority of courts that have concluded that collection calls to a landline, made either to debtors or non-debtors, fall outside the scope of the TCPA.► Back to News & Resources